Allowed

Shaikh Sultan Shaikh Daut v. the State of Maharashtra

Bombay HC18 Jan 2023BA/61/2023

Case brief

AI extract

What is this about?

Bail application allowed. Bail granted despite serious allegations of sexual assault on a mentally unfit girl, as medical evidence did not corroborate the victim's statement which was taken via gestures through her sister under Section 164 CrPC.

What did the court decide?

Bail allowed and applicant released on executing P.B. and S.B. of Rs.50,000/- with one solvent surety of like amount, subject to non-interference with witnesses.

Shaikh Sultan Shaikh Daut Vs the State of Maharashtra — Bail and Remand | Bombay HC (2023)

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939-ba-61-2023.odt

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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BAIL APPLICATION NO.61 OF 2023

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SHAIKH SULTAN SHAIKH DAUT
VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. Deshmukh Ravindra M.
APP for Respondent/State : Mr. S.P. Sonpawale

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CORAM : S.G. MEHARE, J.

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 DATED : JANUARY 18, 2023

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PER COURT:-

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1.Heard learned counsel for the applicant and learned APP
for the State.

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2.The allegations have been levelled against the applicant
that he did sex with a girl, who was not mentally fit. However, the
medical report does not support the allegations. The applicant has a
case that he has been falsely implicated in the crime. No incident as
such happened. The complainant has grievance against the applicant
that why he was giving her bidis. Though the allegations are serious
and the victim was in a weaker section, the medical evidence is
missing. The complainant did state nothing against the applicant in

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statement under Section 164 of Criminal Procedure Code. The
complainant was not able to give oral statements before the
Magistrate; hence, the assistance of her sister was taken. By the
gestures, she stated before the learned Magistrate that her clothes

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939-ba-61-2023.odt

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(2)

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were removed by him and she was beaten. Though the case is
apparently serious, but it does not corroborate the allegations.

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3.In view of these peculiar circumstances, the application
deserve to be allowed. Hence, the following order :

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ORDER

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(i)Bail Application is allowed.

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(ii)The applicant, Shaikh Sultan Shaikh Daut, be released on bail
on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with
one solvent surety in the like amount in connection with Crime
No.315 of 2022, registered at Ghansawangi Police Station, District
Jalna for the offence punishable under Section 376 (2)(J)(L), 506 of
the Indian Penal Code, on the condition that he shall not tamper with
the prosecution witnesses and shall not contact the witness or victim
in any way or mode, till the conclusion of trial.

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 (S.G. MEHARE, J.)

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Mujaheed//

Shaikh Sultan Shaikh Daut v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shaikh Sultan Shaikh Daut v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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